A late-night drive through Omaha shouldn’t end with the familiar flashing lights of the police in your rearview mirror, especially if you thought you were okay to drive after smoking weed a few hours earlier. But here in Nebraska, is it illegal to drive high? Whether you’re pulled over after a concert or questioned after a minor fender bender, the law doesn’t always distinguish between marijuana and alcohol when it comes to impaired driving.
Our team explains what Nebraska law says about marijuana and driving, what penalties you could face, and what your rights are if you’re accused of being high behind the wheel.
Can You Drive High in Nebraska?
No, you cannot drive high in Nebraska. Is driving while high a DUI? Yes, it is, regardless of whether you have a medical prescription, you cannot legally drive while high. Nebraska law prohibits driving while under the influence of any drug that impairs your ability to operate a vehicle safely. This includes marijuana, even if you believe you’re still in control.
Under Nebraska law, a person commits a DUI if they operate or are in actual physical control of a motor vehicle while under the influence of drugs, including THC. This includes both recreational and medicinal use.
Can You Smoke Weed and Drive If You’re Not High?
Not in Nebraska. Smoking or consuming marijuana right before or during driving, even if you don’t feel impaired, can still result in an arrest. Nebraska law focuses on perceived impairment (how your behavior appears to officers), not just chemical test results.
Is Driving While High a Crime in Nebraska?
Yes, and it’s charged just like an alcohol-related DUI. Marijuana-based DUIs are prosecuted under the same statute as alcohol-based DUIs.
So, is it illegal to drive high? Yes, the law makes no exception for medical marijuana or out-of-state cannabis prescriptions. Law enforcement officers in Nebraska may arrest you if they observe signs of impairment, regardless of your THC blood level. Unlike alcohol DUIs, Nebraska does not set a specific legal limit for THC concentration.
Can You Drive After Smoking Weed If You Wait?
How long is long enough to drive after smoking marijuana? Unfortunately, that’s a gray area. THC affects everyone differently, and there’s no clear scientific timeline for how long you should wait, but general considerations include:
- THC can remain detectable for hours. Even if you feel alert, your coordination, focus, and reaction time may still be impaired.
- Field sobriety tests are subjective. Law enforcement doesn’t need a positive chemical test to arrest you if, in their opinion, you fail coordination or awareness tests.
- There is no legal “safe time.” Unlike alcohol, there’s no per se THC limit or standardized wait period under Nebraska law.
Waiting may reduce your risk of reduced driving performance, but it doesn’t offer legal protection if an officer believes you’re under the influence.
What Happens If You’re Arrested for Driving Under the Influence of Weed?
A marijuana DUI stop can escalate before you realize what’s happening. If an officer suspects diminished capacity to operate a vehicle—based on field sobriety tests, physical signs, or your own admission—you risk immediate arrest. Unlike alcohol DUIs, there’s no legal THC limit here. It’s all about officer observations regarding whether they believe that you appeared impaired at the time of the stop.
After booking, you’ll appear at an arraignment to hear the charge and enter a plea. A not guilty plea leads to discovery, negotiations, and pretrial hearings. If the parties do not reach a plea agreement during the pretrial phase, the judge will set your case for trial. Prosecutors rely on officer observations, field tests, and drug recognition experts to prove a marijuana-related DUI.
Potential Consequences of a Marijuana DUI in Nebraska
The penalties can be substantial if convicted, even for a first offense. Here’s what you might face:
- Fines and jail time. First-time marijuana DUI convictions can result in up to $500 in fines and as many as 60 days in jail.
- License suspension. A first offense typically triggers a six-month driver’s license suspension. Multiple violations can result in longer revocations and limited driving privileges.
- Ignition interlock requirement. If the judge deems it necessary to help ensure public safety, they could order you to install an ignition interlock device, even though your case didn’t involve alcohol.
- Probation or substance abuse treatment. Courts may require random drug testing, completion of DUI education courses, or enrollment in a treatment program as part of your sentence.
Because there’s no chemical test equivalent to a breathalyzer for marijuana, courts often rely on law enforcement’s observations, coordination tests, and drug recognition expert evaluations to establish impairment.
Why Petersen Criminal Defense Law Makes a Difference
With over 6,000 cases handled, Petersen Criminal Defense Law brings strategic, focused defense to every marijuana DUI case. Our client-first mindset and dedication to protecting individual rights make us a powerful advocate when your future is on the line. Let us evaluate your case and fight to protect your future with experience, strategy, and relentless defense.
Resources
- Drugged Driving: Marijuana Impaired Driving. National Conference of State Legislatures (NCSL), link.
- Summary of the Nebraska Medicinal Cannabis Act. Marijuana Policy Project (MPP), link.
- Drug-Impaired Driving. Governors Highway Safety Association, link.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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